- When considering an application under Order 7 Rule 11 of the Code of Civil Procedure, the averments in the plaint alone are to be examined.
- In this case, the High Court of Karnataka granted the defendant's revision petition but dismissed the plaint under Order 7 Rule 11(a) and (b) of the Code.
- The plaintiff claimed that the sale deeds were executed based on a forged General Power of Attorney.
- "It is well-settled that while considering an application under Order 7 Rule 11 of the Code, the averments in the plaint alone are to be examined and no other extraneous factor can be taken into consideration," the court said in allowing the appeal.
- The bench noted that the plaint raised a disputed factual issue regarding whether the Agreement to Sell, Power of Attorney, and Sale Deeds were forged and fabricated documents.
- Such questions must be decided on the basis of evidence presented by the parties. We do find that the alleged forgery cannot be used to dismiss the plaint, the court added. As a result, the court granted the appeal and reinstated the suit.
"Loved reading this piece by Twinkle Madaan?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
